Pitt v. City of New York

• Citation: 94 A.D.2d 202,464 N.Y.S.2d 1009
• Parties: Thomas PITT, Plaintiff-Appellant, v. The CITY OF NEW YORK, et al., Defendants-Respondents.
• Decision Date: 16 June 1983
• Court: New York Supreme Court Appellate Division

Page 1009

464 N.Y.S.2d 1009

94 A.D.2d 202

Thomas PITT, Plaintiff-Appellant, v. The CITY OF NEW YORK, et al., Defendants-Respondents.

Supreme Court of New York, Appellate Division, First Department.

June 16, 1983

D.M. Goldberg, New York City, for Thomas Pitt. J.J. Kearns, New York City, for City of New York.

Order, Supreme Court, New York County (Edward J. Greenfield, J.), 111 Misc.2d 569, 444 N.Y.S.2d 522, entered on January 12, 1982, reversed, on the law, without costs and without disbursements, the motion to dismiss the complaint as against defendant James Mugan denied and the judgment vacated and the complaint reinstated. Opinion by Alexander, J.

All concur except MURPHY, P.J., and BLOOM, J., who dissent and would affirm for the reasons stated by EDWARD J. GREENFIELD, J.